49 results for 'cat:"Civil Rights" AND cat:"Housing"'.
J. Peterson grants the resident partial summary judgment for her Violence Against Women Act (VAWA) claim in her complaint accusing the housing authority of evicting her from its Alderwood Apartments without notice after her abusive husband, a veteran who obtained housing with a Veterans Affairs Supportive Housing voucher, removed her as a beneficiary of his VASH voucher with the housing authority's help but without notifying the resident. The housing authority claims that it had no obligation to give the resident notice of its actions because she was not the head of the household or the VASH voucher holder, but the VAWA requires that all adult tenants are sent notice of such actions.
Court: USDC Western District of Washington, Judge: Peterson, Filed On: April 26, 2024, Case #: 2:22cv1757, NOS: Housing/Accommodations - Civil Rights, Categories: civil Rights, housing
J. Boom finds for the housing authority in civil rights claims because evidence indicates a tenant's support dog had a history of aggression towards other residents, and his request for accommodations allowing the dog to be kept off-leash was unreasonable. Meanwhile, the tenant failed to demonstrate he had been retaliated against or subjected to a hostile living environment.
Court: USDC Western District of Kentucky, Judge: Boom, Filed On: April 19, 2024, Case #: 3:22cv463, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Ada / Rehabilitation Act, housing
J. Jackson grants the landlord defendants' motion for partial summary judgment and dismisses the tenants' claims for failure to accommodate under the Fair Housing Act and the Oklahoma Fair Housing Law. The court concludes that the "requested accommodation was neither necessary nor reasonable." The tenants were allegedly denied a one-year lease renewal, but the standard lease was only for six months. Also, the evidence shows that they moved out of the apartment 32 days "before their required move-out date."
Court: USDC Eastern District of Oklahoma, Judge: Jackson, Filed On: April 8, 2024, Case #: 6:23cv115, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Landlord Tenant, housing
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J. Goodwin grants the motion of the vice-president of the mortgage servicing company to dismiss the former customer's predatory lending suit, finding the customer "sets forth few allegations of fact aside from a brief recitation of vague and conclusory assertions." Additionally, the court sanctions the customer for his history of vexatious litigation and prohibits him from filing future pleadings in the Southern District without either seeking leave of the court or retaining the assistance of legal counsel.
Court: USDC Southern District of West Virginia, Judge: Goodwin, Filed On: March 28, 2024, Case #: 2:23cv429, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Sanctions, housing
J. Gwin denies the property manager's motion to dismiss, ruling that even though he was not an owner of the management company, he can still be held liable under federal law for acts of sexual harassment and abuse toward tenants and applicants. Meanwhile, the management company's failure to discipline the manager after it became aware of years of harassment toward female tenants renders it liable for his actions; therefore, the management company's motion to dismiss is also denied.
Court: USDC Northern District of Ohio, Judge: Gwin, Filed On: February 21, 2024, Case #: 4:23cv1744, NOS: Housing/Accommodations - Civil Rights, Categories: civil Rights, housing
J. Pepper finds the citizen has provided sufficient proof such that he is waived from prepaying the filing fee in his pro se lawsuit alleging, among other things, that the property management company refused to rent an apartment to him because he is Black. The citizen will be allowed to proceed with his discrimination claims, the U.S. Marshal Service is ordered to serve the company and other defendants with the lawsuit, and those parties are ordered to respond to the complaint.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: February 14, 2024, Case #: 2:24cv199, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, housing
J. Wright denies a motion for class certification in the nonprofit and the once-homeless individuals' suit against various government entities alleging that police sweeps of encampments of the homeless in Minneapolis parks have violated their civil rights. While the plaintiffs are no longer homeless, the transitory nature of homelessness qualifies them for an exception to typical standing requirements. They have not, however, successfully demonstrated that the proposed class is sufficiently numerous for class certification, nor identified predominantly common questions that would be more efficiently resolved in a class action. They have demonstrated that they would be adequate representatives of the proposed class, but not that their experience is typical of homeless people in Minneapolis. The need for tailored relief based on the circumstances of the various encampments would also prevent them from obtaining relief to the entire class through a single injunction.
Court: USDC Minnesota, Judge: Wright, Filed On: January 31, 2024, Case #: 0:20cv2189, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, housing, Class Action
J. Chen preserves federal housing discrimination claims against an architectural firm brought by a group of 28 senior housing complexes as assignees. The court finds claims under the Federal Housing Act can be assigned to a separate entity, and there is insufficient evidence as to whether the assignors were fully compensated for their injuries, which would extinguish their respective claims. The court dismisses their state law housing discrimination claims as abandoned.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: January 29, 2024, Case #: 5:22cv278, NOS: Housing/Accommodations - Civil Rights, Categories: civil Rights, housing
J. Smith denies a mobile home park and its owner’s motion to exclude reports in their entirety with a proviso to exclude the portion of the investigative report in connection with one of the tenant’s references to the owner’s refusal to submit a polygraph examination. The investigative report pertains to the government’s claim the owner violated the Fair Housing Act by demanding sex from female tenants, harassing them, watching them through their windows and entering their homes without permission, among other things. All the parties may raise specific objections to the remainder of the report at trial.
Court: USDC Northern District of Alabama , Judge: Smith, Filed On: January 25, 2024, Case #: 5:18cv1055, NOS: Housing/Accommodations - Civil Rights, Categories: civil Rights, Evidence, housing
J. Hillman allows plaintiff to continue certain pro se claims contending a condominium failed to protect plaintiff, a disabled tenant, from another resident's anti-Jewish and ableist slurs, as well as his threats to kill her, and failed to take action after security guards mocked her disability. The tenant adequately alleged anti-Jewish discrimination and that security staff had charged her fees to let her into the building.
Court: USDC New Jersey, Judge: Hillman , Filed On: January 22, 2024, Case #: 1:23cv1877, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, housing
J. Newey finds a lower court properly dismissed a civilian's housing claims against a city council. The civilian argued that the city council is obligated to accommodate his homelessness. However, the city council presented sufficient evidence in court that he became "homeless intentionally" after he was evicted for anti-social behavior. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Newey, Filed On: November 20, 2023, Case #: CA-2023-443, Categories: civil Rights, housing
J. Pepper grants the citizen's motion to proceed without pre-paying the filing fee in lawsuit in part alleging the property management company declined to lease him an apartment he applied for because he is Black and has a criminal conviction that is more than 20 years old. The citizen has adequately alleged the type of discrimination he faced, who discriminated against him and when, so his complaint can proceed and the U.S. Marshals Service is ordered to serve a copy of it to all the defendants in the lawsuit.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: November 17, 2023, Case #: 2:20cv1884, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, housing
J Watson dismisses liability claims against Honolulu and several of its police officers for their involvement in removing an evicted tenant from a rental unit. The evicted tenant did not argue against the officer’s qualified immunity as they did not violate any of the tenant’s constitutional rights. The city also similarly dodges claims of negligent hiring and training, without any opposition by the tenant. Fair Housing Act claims against the landlords and the officers remain.
Court: USDC Hawaii, Judge: Watson, Filed On: November 13, 2023, Case #: 1:22cv491, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, housing, Police Misconduct
J. Chen finds that the San Francisco Bay Area city of San Rafael can enforce restrictions on the size and locations of homeless encampments in the city, but can only do so if it modifies its original anti-camping ordinance to be less restrictive. "While the city is permitted to break up the encampment at issue, the city must allow 400-square-foot encampments, housing up to four people, and may impose a 100-foot buffer between campsites instead of 200-foot butter. The city must also ensure there is a process clearly identifying permissible sites and an orderly process by which such sites may be allocated or claimed."
Court: USDC Northern District of California, Judge: Chen, Filed On: October 19, 2023, Case #: 3:23cv4085, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, housing
J. Sessions denies a nursing home’s motion for summary judgment in a disability discrimination claim of violation to the Fair Housing Act, Americans with Disabilities Act, Rehabilitation Act and Vermont Fair Housing and Public Accommodations Act. The nursing home denied the decedent admission due to a lack of space putting her on a waitlist; her daughter argues it was because of her mother’s mental illness. Considering all evidence, the jury could find fact and conclude the actions were in fact discrimination.
Court: USDC Vermont, Judge: Sessions III, Filed On: October 5, 2023, Case #: 2:20cv153, NOS: Housing/Accommodations - Civil Rights, Categories: civil Rights, Ada / Rehabilitation Act, housing
J. Robart grants a resident’s motion to dismiss with leave to amend for deficiencies in violation of the Fair Housing Act for denying disability accommodations. The resident has until Oct. 26, 2023, to file the amended complaint.
Court: USDC Western District of Washington, Judge: Robart, Filed On: October 4, 2023, Case #: 2:23cv1360, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Ada / Rehabilitation Act, housing
J. Gillmor grants summary judgment to the director of the state’s public housing authority in a case of a tenant accusing the director and other authority employees of discrimination and retaliation. There is no evidence that the director, who oversees thousands of public housing units, knew specifically about the individual tenant’s situation, and an email sent to the director by the tenant after the complaint was filed does not show the director had any direct knowledge of any discrimination.
Court: USDC Hawaii, Judge: Gillmor, Filed On: October 3, 2023, Case #: 1:21cv247, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Government, housing
J. Ramos finds that the landlord's 2015 minimum income policy for all prospective renters requiring an annual income of at least 43 times their total monthly rent violates the Fair Housing Act. The landlord's 2019 amendment to its policy requiring renters with a subsidy to earn just 40 times the rent in income is also illegal, as it still discriminates against people with disabilities and low-income renters. The landlord must pay $750,000 in punitive damages.
Court: USDC Southern District of New York, Judge: Ramos, Filed On: September 29, 2023, Case #: 1:18cv1564, NOS: Housing/Accommodations - Civil Rights, Categories: civil Rights, housing